Absence of Violation or Default. Each Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that would not result in an Adviser Material Adverse Effect.
Appears in 14 contracts
Sources: Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman Intermediate Municipal Fund Inc), Purchase Agreement (Neuberger Berman California Intermediate Municipal Fund Inc)
Absence of Violation or Default. Each The Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that would not result in an have a material adverse effect on the ability of the Adviser Material Adverse Effectto perform its respective obligations under this Agreement and the Advisory Agreement.
Appears in 5 contracts
Sources: Purchase Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc), Purchase Agreement (F&c/Claymore Preferred Securities Income Fund Inc), Purchase Agreement (Flaherty & Crumrine/Claymore Total Return Fund Inc)
Absence of Violation or Default. Each The Adviser is not in violation of its certificate of incorporationcharter, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that would not result in an Adviser Material Adverse Effect.
Appears in 4 contracts
Sources: Underwriting Agreement (RMK Multi-Sector High Income Fund Inc), Underwriting Agreement (RMK High Income Fund Inc), Underwriting Agreement (RMK Strategic Income Fund Inc)
Absence of Violation or Default. Each The Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for such violations which violation or defaults that would not result in an default should reasonably be expected to have a material adverse effect on the ability of the Adviser Material Adverse Effectto perform its obligations under this Agreement and the Management Agreement.
Appears in 3 contracts
Sources: Purchase Agreement (Pioneer High Income Trust), Purchase Agreement (Pioneer High Income Trust), Purchase Agreement (Pioneer High Income Trust)
Absence of Violation or Default. Each Such Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for where such violations violation or defaults that default would not result in an reasonably be expected to have a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under either of the Management Agreement or the Sub-Advisory Agreement to which it is a party.
Appears in 3 contracts
Sources: Purchase Agreement (Dreman Claymore Dividend & Income Fund), Purchase Agreement (Ts&w / Claymore Tax-Advantaged Balanced Fund), Purchase Agreement (Madison Claymore Covered Call Fund)
Absence of Violation or Default. Each Adviser The Advisor is not in violation of its certificate of incorporationformation, by-laws its operating agreement or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that would not result in an Adviser a Material Adverse EffectEffect on the Advisor or the Fund.
Appears in 2 contracts
Sources: Purchase Agreement (Advent Claymore Convertible Securities & Income Fund), Purchase Agreement (Advent Claymore Convertible Securities & Income Fund)
Absence of Violation or Default. Each Such Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for where such violations violation or defaults that default would not result in an reasonably be expected to have a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under either of the Investment Advisory Agreement or the Investment Management Agreement to which it is a party.
Appears in 2 contracts
Sources: Purchase Agreement (Advent/Claymore Global Convertible Securities & Income Fund), Purchase Agreement (Advent/Claymore Enhanced Growth & Income Fund)
Absence of Violation or Default. Each Such Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, except for where such violations violation or defaults that default would not result in an reasonably be expected to have a material adverse effect on the ability of such Adviser Material Adverse Effectto perform its obligations under, as applicable, the Advisory Agreement, the Sub-Advisory Agreement or the Additional Compensation Agreement[s].
Appears in 1 contract
Sources: Purchase Agreement (Old Mutual/Claymore Long-Short Fund (f.k.a. Analytic Covered Call Plus Fund))
Absence of Violation or Default. Each Adviser The Advisor is not in violation of its certificate of incorporation, by-laws limited liability company operating agreement or other organizational documents or in default under any agreement, indenture or instrument, except for such violations or defaults that would have not and could not result in an Adviser Advisor Material Adverse Effect.
Appears in 1 contract
Sources: Underwriting Agreement (Tortoise Energy Capital Corp)
Absence of Violation or Default. Each Adviser The Advisor is not in violation of its certificate of incorporationformation, by-laws its operating agreement or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that would not result in an Adviser a Material Adverse EffectEffect on the Advisor or the Fund.
Appears in 1 contract
Sources: Purchase Agreement (Advent Claymore Convertible Securities & Income Fund)
Absence of Violation or Default. Each The Adviser is not in violation of its certificate of incorporation, by-laws or other organizational documents or in default under any agreement, indenture or instrument, instrument except for such violations or defaults that would not result in an Adviser a Material Adverse EffectEffect on the Adviser or the Fund.
Appears in 1 contract
Sources: Purchase Agreement (Mbia Capital Claymore Man Dur Inv GRD Muni Fund)